Actual Article
Article 82: Readjustment after each census
Upon the completion of each census, the allocation of seats in the House of the People (Lok Sabha) to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine.
UPSC Notes for Article 82
Explanation:
- Census-based Readjustment: Article 82 mandates the reallocation of seats in the Lok Sabha and the redrawing of constituency boundaries based on the latest census data.
- Parliamentary Authority: Parliament is empowered to determine the authority and the manner in which this readjustment is to be carried out.
Key Points:
- Ensures Equitable Representation: The periodic readjustment ensures that representation in the Lok Sabha remains proportional to the population changes recorded in the latest census.
- Legislative Framework: Parliament provides the legal and procedural framework for conducting these readjustments, often involving the Delimitation Commission.
Important Cases and Commissions Related to Article 82
Cases:
- Kuldip Nayar vs. Union of India (2006): Discussed the role of the Delimitation Commission and the constitutionality of changes in the election laws impacting the representation.
- Keshav Singh vs. Speaker, Legislative Assembly (1964): Though not directly related to Article 82, it touched upon legislative processes and the powers of legislative bodies in maintaining representation.
Commissions:
- Delimitation Commission: Constituted periodically to undertake the task of redrawing constituency boundaries. The latest Delimitation Commission was set up in 2002 following the 2001 census.
- Election Commission Reports: Provide insights into the processes and implications of constituency readjustment.
Previous Year Prelims Questions Related to Article 82
- (UPSC Prelims 2018) Which of the following statements regarding the Delimitation Commission is correct?
- A. It is a constitutional body.
- B. Its orders have to be approved by the President.
- C. It is responsible for delimiting constituencies for both Lok Sabha and Rajya Sabha.
- D. Its orders cannot be challenged in any court. Correct Answer: D. Its orders cannot be challenged in any court
- (UPSC Prelims 2020) The readjustment of seats in the Lok Sabha and State Legislative Assemblies is done by:
- A. The President
- B. The Election Commission
- C. The Delimitation Commission
- D. The Parliament Correct Answer: C. The Delimitation Commission
Previous Year Mains Questions Related to Article 82
- Mains 2017: “Discuss the significance of Article 82 in ensuring fair and equitable representation in the Lok Sabha. How does the Delimitation Commission contribute to this process?”
- Mains 2019: “Analyze the role of census data in the reallocation of seats in the Lok Sabha as per Article 82. How does this practice impact the representation of states?”
Additional Insights:
- Impact of Census Data: Census data plays a critical role in ensuring that the allocation of seats reflects the current population distribution, thereby maintaining the democratic principle of equal representation.
- Role of Delimitation Commission: This commission ensures that constituency boundaries are redrawn in a fair and impartial manner, avoiding gerrymandering and ensuring effective representation.
- Legal and Procedural Framework: Parliament provides the necessary legal framework for the Delimitation Commission to operate, ensuring that the process is systematic and transparent.
Understanding Article 82 is crucial for UPSC aspirants as it highlights the importance of fair representation in the Lok Sabha, ensuring that the electoral constituencies reflect population changes over time. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the principles of democratic governance and electoral processes in India.